Opinion
June 24, 1938.
Present — O'Malley, Glennon, Dore, Cohn and Callahan, JJ.; Glennon, J., dissents on the authority of Schoenholz v. N Y Life Insurance Co. ( 234 N.Y. 24, and cases therein cited.) Settle order on notice.
Orders reversed, with twenty dollars costs and disbursements, and plaintiffs' motion for summary judgment denied, and defendant's cross-motion for summary judgment granted, on the authority of Moskowitz v. Equitable Life Assurance Society of the United States ( 252 App. Div. 75).